Family Members, Friends and Support Persons Policy

Purpose

Many clients want a family member or friend to help them with their matter. This policy explains what we can share with them, how to name a support person, and how we make sure the decisions stay yours.

Confidentiality comes first

What you tell us, and what we learn about your matter, is confidential. We can't share it with anyone, including your spouse, parents, children or friends, unless you consent or the law requires or allows it. If someone calls us about you, we won't confirm that you are our client or discuss your matter without your consent. We can take a message for you.

Naming a support person

You can name one or more support persons, and tell us in writing what each of them may do, for example:

• receive updates about your matter, including hearing dates;
• join meetings and calls with us, with you;
• come with you to hearings, conferences and mediations, where the court, tribunal or mediator allows it;
• give us documents for you, or receive copies of documents.

We share only what you allow, and only as much as the purpose needs. You can change or withdraw your consent at any time by telling us in writing. An email or a message in the client portal is enough.

The decisions are yours

• We act only for you. A support person isn't our client, and we don't advise them.
• Instructions come from you, or from someone with legal authority to act for you, such as an attorney under a power of attorney or a litigation guardian, once we have confirmed that authority and its limits.
• We may speak with you alone. We may ask to meet you on your own, or ask a support person to step out, to make sure your instructions are your own.
• Paying doesn't change this. A relative or friend who pays our account doesn't give us instructions or receive your information unless you agree, as our Third-Party Payers Policy explains.

Sharing can affect privilege

Communications with us for the purpose of getting legal services may be privileged, which usually means they can be kept from the other side and from the court or tribunal. If you share our advice with someone else, or have someone with you when we discuss your matter, that information may no longer be confidential or privileged. That person could also be asked to give evidence about what they saw or heard. We tell you when this is a concern.

When we may limit a support person's role

We may limit what we share with a support person, or ask them not to attend, if:

• they are, or may become, a party or a witness in your matter;
• their interests may differ from yours; or
• their involvement isn't in your interests.

We tell you if we do.

People with a disability

If you have a disability and come with a support person, they are welcome to stay with you, as our Accessibility Policy explains. Before we discuss confidential matters in front of them, we ask for your consent.

Other situations

• Interpreters. A family member or friend may help with simple tasks. For advice, instructions and evidence, we prefer a qualified, independent interpreter, as our Interpreters and Translation Policy explains.
• Joint clients. If you and a family member are both our clients in the same matter, the rules for joint retainers apply, and what one of you tells us about the matter may be shared with the other. See our Joint Retainers Policy.
• Young clients. See our Clients Under 18 Policy.
• If a client dies or can no longer give instructions, we deal only with someone who has legal authority, such as an estate trustee or an attorney under a power of attorney, once we have confirmed it. A client's confidentiality continues after their death. See our Clients with Diminished Capacity Policy.

Review

This policy is reviewed at least once a year, and whenever the Law Society's By-Laws or rules change. The principal approves every change.

Questions

Email info@neolegalservices.com, call 647-200-3526 or toll-free 888-519-2435, or write to us at Unit 236, 1099 Kingston Road, Pickering, Ontario L1V 1B5.